RS

MEMBER DIARY

An Open Letter to DOJ Attorneys

Working for the Department of Justice has to be a rewarding experience for an attorney. Your country is your client. But now, you find yourself working for an Attorney General who puts the president’s political aspirations above truth. Understanding that you have nothing to do with who your boss is, I feel its my obligation, as a fellow member of the bar, to remind you of the duty you swore to uphold. These reminders are clearly not coming from upper-management. You are not political henchmen. You represent the people. You are supposed to be seekers of truth.

Don’t take my word for it. My friend, and fellow South Georgian, Georgia Court of Appeals Judge Herbert E. Phipps drafted an published opinion containing the following admonition to prosecutors:

A prosecuting attorney represents, not an ordinary party, but a sovereignty, whose obligation is to govern impartially and whose interest in a particular case is not necessarily to win, but to do justice. As a servant of the law, a prosecutor should prosecute with earnestness and vigor. ‘But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one. Because the average juror has confidence that the prosecutor will abide by these obligations, inappropriate argument, insinuations, and assertions of personal knowledge are apt to improperly influence the jury against the defendant. Collier v. State, 266 Ga. App. 345, 352 (2004).

Every member of the Department of Justice–particularly those who had the unfettered gaul to call James Rosen an “aider, abetter and/or conspirator”–to print Judge Phipps eloquent words and post it in plain view. You may think you are safe now. However, I remind you that this Administration, and particularly your boss, has selective amnesia when it comes to defending “low-level employees.” Mr. Holder may “recuse” himself when it comes to defending you.

Thanks for reading.

Your Friend and Colleague,

Patrick N. Millsaps

P.S. You already have my email address. I once emailed James Rosen an invitation to dinner. Just check your files.